Disability Discrimination in the Form of Ad Hoc Examinations: A Brief Introduction

Nearly every Employment Law casebook, course, and lecture includes at least some mention of the Americans with Disabilities Act.  In addition to the ADA, the Nebraska Fair Employment Practice Act prohibits discrimination in the workplace.  Under either Act, an employer-mandated medical examination of an individual with disabilities is presumed to be unlawful discrimination.  Thomas E. Simmons, an associate professor at the University of South Dakota School of Law, examines the business necessity defense available to rebut this presumption as articulated by the Nebraska Supreme Court in Arens v. NEBCO, Inc.  Professor Simmons’ article may be found here and directly linked to from the Bulletin.  The Bulletin welcomes any response, counter or commentary which may be forwarded to the Online Editor, Briana Hildebrand, at bhildebrand@huskers.unl.edu.

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